Message Forums

Sadly not, its a condition in the small print of the original sales agreement that the caravan be serviced annualy at a manufacturer approved service centre for the warantee to be valid and transfereable, and even then with some manufacturers the warantee ceases to be vailid when the caravan is sold on to a second owner.

Some dealerships do sell on such caravans with a purchased warantee that normally lasts for between 3 months and a year, but this is between the provider and the customer, rather like insurance, and nothing to do with the manufacturer.

Car and Caravan warantees are totally separate and play by different rules as far as making a claim is concerned, and it does rather look like your caravan is not covered by any remaining warantee in this case.

Julia

Hi Mark,

Did the dealer make any representation to you that the van it was selling to you was still under a manufacturers warranty? Whilst the advice of Julia is correct, you may still have a good negotiating position if the dealer did make such a representation. Even better if, during the course of your pre-purchase discussion, you made it clear that the manufacturers warranty was important to you.

If this is the case then, where that misrepresentation induced you to enter into the contract to buy the caravan (let's assume that it did, although you would need to proove it), then you may be able to terminate your contract and the dealer will have to pay you your money. In the alternative you could ask the dealer to secure you a warranty from Bailey. Bailey, if they agree, will probably want to have the van checked over and for any defects put right before they would give such a warranty, which could benefit you. This may be a cheaper option for the dealership.

If the dealer asured you that the van was still under warranty and then gave you its service history to look at and from that it was clear that the relevant service had not been undertaken by an authorised dealer, then your cause of action is lost.  I mention this purely so that you understand the process for claiming compensation as a result of a misrepresentation so that you have a full picture of the issues you need to consider before you approach the dealer.

To claim recission of your contract, you need to consider the type of misrepresentation. Was it fraudulent, negligent or innocent. Each kind of misrepresentation gives you a different approach to reaching a remedy. A dealer, holding itself out as an expert, would have some difficulty in prooving that it was an innocent misrepresentation. They are supposed to check all the paperwork. Fraudulent really affects the company's ability to continue trading if this comes out. So, let's assume that, at worst, it was negligence. They just didn't bother to do what any prudent dealer would do before trying to sell the van....check it out.

A fraudulent misrepresentation  claim places the burden of proof on you. Too hard to discharge so don't go down that road. For negligent misrepresentation, however, the law places the burden of proof on the dealer to show that there was no such negligence or misrepresentation. That burden of proof is very difficult to discharge especially as we know that there is no warranty with the van. If they said there was then already you have prooved that misrepresentation. So they have to show they were not negligent. If they say there was no negligence then you simply come back with "Are you saying then that it was a fraudulent misrepresentation as that is the alternative in law?"

You can lose the right to rescind if you have made it clear that you want to keep the van i.e you have confirmed your contract to buy; or if too much time has elapsed since you bought the van. So, if you make a claim along these lines you should demand that they take the van back and refund you your money, or "without prejudice to my right to rescind the contract why don't  you negotiate a warranty from Bailey?" If you say "I want to keep my van so will you get a warranty from Bailey" then that is saying that you want your contract to buy the van toremain in palce and you lose your legal rights. It's as well you know how this works in law.

Just throw the Misrepresentation Act 1967 at them

Hope this assists

Phil

Ah well that's Ok then. If all they said was that warranties are transferable they were not saying that there was one to transfer.

NOTE to all buyers of second hand vans....ask if there is a manufacturers warranty even if you don't want one. It just keeps your options open and protects your interest

Phil